Determining Who Is At Fault When Unsafe Road Conditions Cause Accidents
Even though, as we know, most car accidents occur due to human error and the negligence of drivers, half of the fatal accidents that take place in the United States each year are the result of poor road and highway conditions.
A study conducted by the Pacific Institute for Research, which lasted 18 months, observed that different problems on the roads, such as potholes and stretches of roads with ice during the Winter, cause more than 42,000 deaths a year. There are other problems that drivers may encounter on the roads, such as:
- Missing or improperly placed barriers and guardrails
- Poor signage or confusing traffic signage
- Lack of traffic signs
- Road works without proper or insufficient warning signs
- Faded or poorly painted lines, among others.
We must add bad weather conditions to this list, which can also cause little to no visibility, slippery surfaces, confusion for drivers, etc.
When an accident takes place on a highway, you may think, like many other people tend to do, that the blame or responsibility ultimately falls on the federal government. However, it is not so easy. It is not only the federal government that is responsible. Maintenance, conservation, and property rights can fall on different organs of state and local governments and even on private organizations.
One of the crucial things to make a note of is the specific stretch of road where the accident occurred in order to find out who owns it. There are situations in which you can also blame companies that may be in charge of maintaining roads, construction work, contractors, among others.
As you can see, the responsibility can fall on different organizations, and it is essential to have a lawyer specialized in the subject who can guide you and carry out the corresponding investigations.
The statutes of limitations must also be taken into account, as in any other legal process. That is, the period of time that the victim has to be able to file a lawsuit. These statutes vary from state to state, and your attorney will need to make sure that the deadline does not expire before you can file a claim. At Nourmand Legal, we specialize in all types of personal injury accidents. If you have any questions, please do contact us!